Monday, August 27, 2012

Good news from The Arc of Virginia

Statement of The Arc of Virginia on the U.S. v. Virginia Consent Decree

On
August 23, Federal Judge John A. Gibney signed the U.S. v Virginia
Settlement, approving the agreement as an order of the court. The order
follows seven months of legal action. The historic consent decree is
being celebrated by people with intellectual and developmental
disabilities and their families because it will transform Virginia’s
service system from one that is reliant on large, segregated
institutions to one that is focused on safe, integrated community-based
services.

“We
applaud the United States and the Commonwealth of Virginia for their
diligent work on behalf of people with intellectual and developmental
disabilities,” said Howard Cullum, President of The Arc of Virginia, a
statewide organization for people with intellectual and developmental
disabilities and their families. “Both parties presented a very strong
case for why Virginia can and must move to a true, community-based
system of support. The settlement agreement has provided a solid
framework for a safe and successful transition to such a system.”

“The
settlement agreement addresses pressing needs,” Judge Gibney wrote in
his opinion and order. He particularly noted that “Virginia currently
has over 2900 people on an ‘urgent wait list’ for Medicaid waivers.
Those citizens and their families must fend for themselves in dealing
with disability.Many of them will receive benefits under the decree. The decree, thus, balances the needs of these citizens.”

The
court order also points out that moving towards a community-based
system will enable the Commonwealth to not only serve more people, but
to serve them better. “In this case, the Court need not look beyond
the number of people receiving greater, more beneficial services. In
Training Centers, fewer than one thousand Virginians receive services.
When the waivers are fully funded, over 4000 people will be able to
afford the services they need.”

“This
Consent Decree helps thousands of people with intellectual and
developmental disabilities have the chance to live ‘A Life Like Yours’ –
the chance to have a home, a job and a life in the community, ” said
Jamie Liban, Executive Director of The Arc of Virginia. Liban said “The
settlement incorporates the mandates of the American With Disabilities
Act by ensuring that people with intellectual and developmental
disabilities, including those with the most complex needs, have access
to supports and services in integrated, community-based settings. We
look forward to working with all stakeholders to help ensure transitions
to the community are safe and person-centered.”

Judge
Gibney noted that he received a number of letters and amicus briefs
about the settlement agreement, which he took into consideration. It
has been reported that the court received more than 800 letters of
support from people with disabilities, family members, providers and
concerned citizens. A statement of support was also submitted by a
coalition of 70 stakeholder organizations, represented by the Bazelon
Center for Mental Health Law and Richmond-based law firm Williams
Mullen. The Center for Public Representation also submitted amicus
briefs on behalf of family groups like The Arc of Virginia, Autism
Society Chapters and the Virginia Down Syndrome Alliance, as well as a
number of other state and local organizations.

“The
Arc of Virginia thanks all of the individuals and families who shared
their personal stories with the court, said Mr. Cullum. “We also thank
the Center for Public Representation, the Bazelon Center for Mental
Health Law and Williams Mullen who provided invaluable assistance to The
Arc of Virginia and other Virginia stakeholder organizations throughout
this effort.”

Yesterday’s
decision marks another significant milestone in Virginia’s long overdue
journey towards a community-based system. The Arc of Virginia has
long advocated for Virginia to ensure that people with disabilities live
in more integrated settings and provide access to services for those on
waiting lists. In stark contrast to national trends, Virginia has
lagged behind other states in its commitment to community-based
services. Thirteen states have closed all state operated institutions
for people with intellectual and developmental disabilities and an
additional nine states have a statewide census of 150 people or fewer.
Many of these states cite moral and financial reasons for transition to a
community-system. In Virginia, the cost per person in a state
institution ($225,000) is more than double what is for people in the
community ($69,000).

A timeline of events related to the U.S. v. Virginia Consent Decree can be found at www.thearcofva.org

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About The Arc of Virginia:

Established
in 1955, The Arc of Virginia is a statewide advocacy organization for
people with intellectual and developmental disabilities and their
families. The Arc of Virginia is a state chapter of The Arc, the
nation’s oldest and largest organization for people with ID/DD, and is
comprised of twenty-five local chapters from around the Commonwealth.
More information about The Arc of Virginia can be found at www.thearcofva.org